Md. Ali Akhtar @ Ali Akhtar Devan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63427 of 2025 Arising Out of PS. Case No.-1417 Year-2006 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== Md. Ali Akhtar @ Ali Akhtar Devan S/o- Nasib Divan Vill- Jamua, POJamua P.S- Dhaka, Dist- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Md. Mustafa Khan S/o Md. Mahtab Khan R/o vill - Mehsaul, P.S.- Sitamarhi, Distt.- Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Zaki Haider For the Opposite Party/s :

Mrs. Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a complaint case punishable for offence under Sections 406 and 418 of the Indian Penal Code.

3. However, from perusal of impugned order dated 16.05.2025, it appears that process under Section 82 & 83 of the Cr.P.C. has already been issued against this petitioner on 07.09.2009 and 27.02.2012 respectively. The case is of the year 2006.

4. Accordingly, this anticipatory bail application is not maintainable, in view of several decisions of the Supreme

Patna High Court CR. MISC. No.63427 of 2025(2) dt.15-09-2025 2/2 Court, rendered in the case of (i) Lavesh v. State (NCT of Delhi), reported in (2012) 8 S.C.C. 730, (ii) State of MP v. Pradeep Sharma, reported in (2014) 2 S.C.C. 17, and (iii) Prem Shankar Prasad v. State of Bihar, reported in 2021 SCC Online SC 955.

5. Considering the same, the application, filed for grant of anticipatory bail to petitioner, stands dismissed. (Prabhat Kumar Singh, J) anay U T